The most significant laws related to home education in Virginia are the Compulsory Attendance Code (§22.1-254) and the Home Instruction Statute (§22.1-254.1).  §22.1-254 and §22.1-254.1 define the legal options for homeschooling in Virginia, including home instruction, the approved tutor option, and the religious exemption, and discuss the annual reporting and testing/evaluation options for home instruction filers. These laws also regulate the ages and conditions for compulsory attendance in Virginia, discuss probationary periods and grievance hearings, and address PSAT/AP testing for homeschooled students.

In Virginia, children from the age of 5 through 17 are required to attend school, but the term “school” does not necessarily mean an institution. Home instruction and approved tutoring are deemed as complying with the Code. Note also that a religious exemption from the Compulsory Attendance Code can be granted. Other exceptions include an “opt-out” provision for children under 6, and for homeschooled teens who pass the GED.

Compulsory Attendance Code Subsection A

Compulsory Attendance Code Subsection A

A. Except as otherwise provided in this article, every parent, guardian, or other person in the Commonwealth having control or charge of any child who will have reached the fifth birthday on or before September 30 of any school year and who has not passed the eighteenth birthday shall, during the period of each year the public schools are in session and for the same number of days and hours per day as the public schools, send such child to a public school or to a private, denominational, or parochial school or have such child taught by a tutor or teacher of qualifications prescribed by the Board of Education and approved by the division superintendent, or provide for home instruction of such child as described in § 22.1-254.1.